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XJ-linux

 
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Member Since: Jul 02, 2007
Location: Going Galt...
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Sure they can seize it if it is pursuant to a lawful arrest and in your immediate control. It goes into the lockup of your personal property along with your wallet and car keys. If they see you tossing it during an arrest it can be picked as well under a variety of rationalizations. They can sit there and stare at the screen and watch the preview lines of text from your email and texts pop up and your caller ID display, so long as no act of furtherance occurs on their part. Actively searching its contents is a different matter of course. If it can be reasonably articulated to a judge that its contents are germane to an investigation, or that life is in imminent danger, a warrant may be issued and it will be searched. The SCOTUS ruling, for all practical purposes, really just keeps the cops from noodling around and trolling for stuff without cause when they get you for something else.

"Those who don't understand Unix are condemned to reinvent it, poorly." Henry Spencer
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